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(영문) 서울중앙지방법원 2013.06.13 2013고단346
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On December 10, 2012, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) demanded the victim to lend money from “D party room” located in the 3rd floor in Dongjak-gu Seoul Metropolitan Government, Seoul, along with the victim E (the age of 35). However, as a result of refusal, the Defendant was able to collect the victim’s face from several times and dratate the victim’s body.

Then, the Defendant, by putting the head debt of the victim on the back of the party room and putting dangerous things on the back of the party room, sold the victim's body room several times according to the party room, which is a dangerous object, and inflicted an injury on the victim, such as dives, which requires three weeks of medical treatment.

2. The Defendant, at the time, at the time, at the place of the preceding paragraph, assaulted E using the iron makers and the spacule, and destroyed and damaged two spaculties in the market value of the victim F, the main owner of the above spacule, to display one bridge, and to cover two spacule.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E and F;

1. Partial legal statement of G;

1. On-site departure reports, on-site reports, and the shooting of tools used for violence;

1. A photograph of damaged part of the victim's assault;

1. Determination on major issues of the injury diagnosis letter

1. The Defendant and his defense counsel did not assault or injure E;

The injury of E is caused by a traffic accident that occurred before.

2. According to the evidence mentioned above, it is recognized that the defendant inflicted an injury by assaulting E as stated in the facts charged.

In addition, even if the evidence presented by the defendant is comprehensively based on the above evidence, it can be recognized that the injury to E as stated in the facts charged is caused by the instant crime, and it is difficult to view that the previous traffic accident occurred.

Defendant

We accept the assertion of counsel.

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